HomeMy WebLinkAbout2013-11-05; City Council; 21404; Vacate Easement Public Road Purposes STV 13-04CITY OF CARLSBAD - AGENDA BILL
AB# 21.404 A RESOLUTION TO SUMMARILY VACATE AN DEPT. DIREaOR
MTG. 11/05/13 EASEMENT FOR PUBLIC ROAD PURPOSES, LOCATED
SOUTHERLY OF PALOMAR AIRPORT ROAD AND
EXTENDING SOUTHERLY TO AND ACROSS MELROSE
CITY ATTORNEY
DEPT. CED
EASEMENT FOR PUBLIC ROAD PURPOSES, LOCATED
SOUTHERLY OF PALOMAR AIRPORT ROAD AND
EXTENDING SOUTHERLY TO AND ACROSS MELROSE CITY MANAGER
DRIVE-STV 13-04
RECOMMENDED ACTION;
ADOPT Resolution No. 2013-252 to APPROVE the summary vacation of an easement for
public road purposes, generally located southerly of Palomar Airport Road and extending southerly to
and across Melrose Drive, STV 13-04.
ITEM EXPLANATION;
San Marcos Unified School District (SMUSD), owner of a portion of Parcel 2 of Certificate of
Compliance Doc. No. 94-0497667 and Parcel 3 of Certificate of Compliance Doc. No. 94-0497669,
lying adjacent to the southeast corner of Poinsettia Lane and Melrose Drive (Exhibit 2), has
requested vacation of an easement for public road purposes.
Background
Pursuant to an easement grant deed executed by Carrillo Rancho Partnership, recorded February
24, 1977 as Doc. No 77-068082, the city acquired a strip of land for public road purposes extending
from Palomar Airport Road southerly across the future alignment of Melrose Drive, terminating in
the SMUSD property described above. The easement grant deed contained language providing for
the quitclaim of said easement upon the happening of certain events set forth in the Carrillo Rancho
Parks Agreement between Carrillo Rancho Partnership and the city. This agreement was re-stated
and re-recorded on June 2, 1997 as Doc. No. 1997-0254867. Said re-stated agreement states that,
upon or prior to commencement of physical development activities within the Rancho Carrillo
Master Plan, the city shall quitclaim or vacate as appropriate any interest in said public road
easement from Palomar Airport Road. Physical development of the Rancho Carrillo Master Plan has
commenced as evidenced by the completed and occupied residential subdivisions a 97-03, Rancho
Carrillo Villages K, P, E and F, recorded as Map 13799 and Map 13833, both over and along the route
of said easement.
Section 8331 of the State of California Streets and Highways Code provides for the summary
vacation of a street or highway that for a period of five consecutive years has been impassable for
DEPARTMENT CONTAa: Steve Bobbett (760) 602-2747 steve.bobbett@carlsbadca.gov
FOR CITY CLERKS USE ONLY
CONTINUED TO DATE SPECIFIC COUNCIL ACTION: APPROVED & CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
highway during such period. No portion of the easement was improved for vehicular travel and no
public money was expended for maintenance. Staff has concluded that the easement is not
required for present or future street or highway purposes. Pertinent city departments have been
notified of the proposed street vacation and no objections have been received. Utility companies
have been notified ofthe proposed street vacation and no objections have been received.
Staff is recommending that the Council approve this vacation.
ENVIRONMENTAL IMPACT;
The proposed easement vacation does not qualify as a "project" under the California
Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA
Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and
therefore does not require environmental review.
FISCAL IMPACT;
The easement was acquired by the city for a no fee cost acquisition and the city will vacate the
easement for a no fee cost return to the property owner
EXHIBITS;
1. Resolution No. 2013-252
2. Location Map
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EXHIBIT 1
RESOLUTION NO. 2013-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO SUMMARILY VACATE AN EASEMENT FOR PUBLIC
ROAD PURPOSES, LOCATED SOUTHERLY OF PALOMAR AIRPORT
ROAD AND EXTENDING TO AND ACROSS MELROSE DRIVE - STV
13-04. .
WHEREAS, San Marcos Unified School District, owner of a portion of Parcel 2 of
Certificate of Compliance Doc. No. 94-0497667 and Parcel 3 of Certificate of Compliance Doc. No.
94-0497669, has requested vacation of an easement for public road purposes; and
WHEREAS, this easement, located southerly of Palomar Airport Road extending
southeriy to and across Melrose Drive was granted to the City per Doc. No.77-068082 recorded
February 24,1977 in the office of the county recorder of San Diego County, State of California; and
WHEREAS, said easement was not improved for vehicular travel and no public
money was expended for maintenance; and
WHEREAS, Section 8331 of the State of California Street and Highways Code
provides for the summary vacation of a street or highway that for a period of five consecutive
years has been impassable for vehicular travel and where no public money was expended for
maintenance on the street or highway; and
WHEREAS the vacation is consistent with the General Plan of the City of
Carisbad; and
WHEREAS, the city engineer has determined that said easement is not required
for present or future street purposes; and
WHEREAS, pertinent city departments have been notified of the proposed
vacation and no objections have been received; and
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WHEREAS, the City Council of the City of Carisbad has determined it to be in the
public interest to vacate the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
California, as follows:
1. That the above recitations are true and correct.
2. That it is Council's said intention to summarily vacate for public road
purposes the easement recorded February 24,1977 as Doc. No. 77-068082.
3. That the city clerk is instructed to record this resolution in the Office of
the County Recorder of San Diego County.
4. That upon the date this resolution is recorded in the Office of the County
Recorder of San Diego County, the easement being vacated no longer constitutes a public
street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 5^^ day of November, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Blackburn, Douglas.
None.
ABSENT: Council Member Wood.
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ATTEST:
BARBARA ENGLESON, Ci# Clerk
rt.OnED fly? SCOrr EVANS PLOT DATE:10/21/13 PAW:D:\fiEm.OPUENJ PROJECTS\STV\STVt3-04.DWG